Divorce in Denmark

[89th]

I wonder how this will play out. I know someone who is separated from his wife. They have a young child together. Divorce may come in a few months (usually a 6 month waiting period).

The wife is doing her education and getting a "free" loan from the government to provide her income.

The husband didn't have a job for a while but just got a job, with an income that is about 4x of the wife's loan-income.

I'm curious what child support (via family law) the spouse (the husband probably) would have to pay. In other words... yes normally with an income difference of 4x, it makes sense to pay... but if one of the spouses is voluntarily not working so they can get their degree (and paid by government during it), it's a mixed bag.

[George K]

Denmark?

Spousal maintenance is determined by the duration of the marriage as well the relative incomes of the partners. Any debts (such as student loans) also come into play.

There are all kinds of formulas for calculating this stuff.

[Klaus]

Why should it matter whether her income is from a normal job or from a loan that pays for her education? I'm pretty sure that doesn't matter in Denmark.

[89th]

@Klaus said in Divorce in Denmark:

Why should it matter whether her income is from a normal job or from a loan that pays for her education? I'm pretty sure that doesn't matter in Denmark.

I guess the husband could also decide to go for a degree and get government money as well.

Just seems a bit odd if he ends up giving half his income to his ex-wife who is choosing not to be employed.

@George-K I'm sure there are formulas, especially for spousal support. A quick google confirmed this for me just now... child support (presuming they get 50/50) seems a bit murkier, and weird based on my description above.

We'll see!

[Axtremus]

@89th,

So you have problem, at least in divorce cases, with people deliberately choosing to have a lower income?

How about parents choosing lower income jobs to get more flexibility, more time to care for the children? How about poets and musicians and artists and writers who deliberately choose lower income jobs so they can pursue poetry/music/art/writing?

Would the family court then need to determine what a would-be divorcee's rightful income would have been had s/he pursued a more typical (or more income-maximizing) career path before rendering judgement?

Do you want the courts to make these determinations? What guidelines or standards would you want the courts to use for something like this?

[Klaus]

@89th said in Divorce in Denmark:

I guess the husband could also decide to go for a degree and get government money as well.

Just seems a bit odd if he ends up giving half his income to his ex-wife who is choosing not to be employed.

Sure, the husband could do the same and then pay less. Or he could get a job that pays less and then pay less child support.

I don't see why it is relevant whether the woman gets an education. She'd also get the same money - well, actually more - if she were unemployed and doing nothing all day.

[Rich]

@Axtremus Courts make these determinations all the time. Were you unaware??

[Rich]

@Klaus Interesting, in the U.S., or at least here in Connecticut, this would not be allowed. For instance, my older brother was divorced and based on his income, it was determined he would have to pay a certain amount in child support.

While the pay was 'ok enough' the schedule was very inflexible. So he went into business for himself. Ultimately he ended up making more, and having the closer to the schedule he'd hope for, but it took a couple years.

The court would not lower his weekly amount due, since his separation from employment was voluntary. (even if it was to ultimately lead to something much better) At one family court hearing, he was placed in cuffs and put in a holding cell. Asking the judge, "How can pay in I'm in a cell?", he was told "We find that within 48 hours, almost everyone is able to come up with it."

Well, the judge was right. His family came up with the balance...Once again, in this case, it eventually all worked out, but around here, if it is determined you can work and earn the money for your support order--you are obligated to do so.

[Jolly]

I've known multiple couples that were divorced on paper, with mom getting the house and car, but no alimony and inadequate child support. Dad got a p.o. box and continued to come home and sleep with Mom.

The kids, mostly college bound, qualified for a butt load of grants, scholarships and campus jobs.

After the youngest graduated, mom and dad remarried